Australian Capital Territory Current Regulations

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WORK HEALTH AND SAFETY REGULATION 2011 - REG 600

Transfer of major hazard facility licence

    (1)     The regulator, on the application of the operator of a major hazard facility, may transfer a major hazard facility licence to another person who is to become the operator of the major hazard facility, if satisfied that the proposed operator will achieve a standard of health and safety in the operation of the facility that is at least equivalent to the standard that the current operator has achieved.

Note 1     If a form is approved under the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act

s 277 for this provision, the form must be used.

Note 2     A fee may be determined under the href="http://www.legislation.act.gov.au/a/2011-35/default.asp" title="Work Health and Safety Act 2011">Act

s 278 for this provision.

Note 3     It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see

title="A2002-51">Criminal Code

, pt 3.4).

    (2)     The regulator may transfer the licence subject to any conditions that the regulator considers necessary and appropriate to ensure that the new operator will be able to achieve a standard of health and safety in the operation of the facility that is at least equivalent to the standard achieved by the existing operator.

    (3)     On the completion of the transfer, the person to whom the licence is transferred becomes the operator of the major hazard facility for the purposes of this chapter.

Note     A decision to refuse to transfer a major hazard facility licence is a reviewable decision (see  s 676).



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